EDDIE L. GROSS AND RENEE A. GROSS, AS PARENTS AND NATURAL GUARDIANS OF CRAIG T. GROSS, AN INFANT, V JOEL E. BEZEK,
Motion No: CA 08-02300
Slip Opinion No: 2008 NYSlipOp 89513(U)
Decided on November 18, 2008
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


November 18, 2008

PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. CA 08-02300

EDDIE L. GROSS AND RENEE A. GROSS, AS PARENTS AND NATURAL

GUARDIANS OF CRAIG T. GROSS, AN INFANT,

PLAINTIFFS-RESPONDENTS-APPELLANTS,

V

JOEL E. BEZEK, DEFENDANT-RESPONDENT-APPELLANT, ET AL.,

DEFENDANT, AND BOARD OF EDUCATION CITY OF LOCKPORT SCHOOL

DISTRICT, DEFENDANT-APPELLANT-RESPONDENT.


Defendant-respondent-appellant having moved to consolidate the appeal and cross appeals taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on August 13, 2008, and for an extension of time to perfect the appeal and cross appeals,

Now, upon reading and filing the affirmation of Kristen B. Degnan dated November 7, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted to the extent that appeal and cross appeals from the order entered August 13, 2008 are hereby consolidated for the purposes of perfecting and arguing the appeal and cross appeals, and the motion is otherwise dismissed as unnecessary.

Entered: November 18, 2008

JoAnn M. Wahl, Clerk